The Veteran's death was not the result of his own willful misconduct, and at the time of death he had a service-connected disability rated as totally disabling for more than ten years. However, DIC is denied because there is no legal basis to grant the claim based on 'hypothetical entitlement' due to lack of evidence that would have resulted in a 100% disability rating prior to his death.
The deciding factor: The appellant's arguments and evidence are an attempt to demonstrate hypothetical entitlement to a total disability rating for ten years preceding the Veteran's death, which is not legally permissible under current law.
- Claimed conditions
- Perthe's disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 3, 2010
- Citation
- 1016251
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1016251.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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Other Board decisions on a similar condition or argued the same way.
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- Dismissed
The appeal for service connection for a left-hand condition is dismissed as the Veteran was granted service connection for mononeuropathy to the left hand fourth finger with parasthesia of skin in an October 2025 rating decision.
- Remanded (sent back)
The Board remands the claims for service connection for unspecified anxiety disorder and major depressive disorder to obtain an adequate medical opinion regarding their etiology.
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